2024-06-21

Instruction 2024-I-09 of June 21, 2024, regarding the withdrawal of approval, authorization, or registration of credit institutions, financing companies, third-party financing companies, investment firms, payment institutions, account information service providers, electronic money institutions, or token issuers referring to one or more assets (repealed)

The Prudential Control and Resolution Authority (ACPR) issued Instruction 2024-I-09 to establish the procedures for the withdrawal of approval, authorization, or registration for various financial entities including credit institutions, investment firms, and crypto-asset service providers. The instruction mandates that affected entities submit a complete application dossier using the specific form provided in the annex via the ACPR's electronic authorization portal. This document repeals and replaces the previous Instruction 2018-I-09 and entered into force the day after its publication in the ACPR's official register.

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PRUDENTIAL CONTROL AND RESOLUTION AUTHORITY

Instruction No. 2024-I-09 regarding the withdrawal of approval, authorization, or registration of credit institutions, financing companies, third-party financing companies, investment firms, payment institutions, account information service providers, electronic money institutions or token issuers referring to one or more assets

The Prudential Control and Resolution Authority (ACPR), Having regard to Regulation (EU) 2023/1114 of the European Parliament and of the Council of 31 May 2023 on markets in crypto-assets, in particular Article 24 thereof; Having regard to Regulation (EU) 2019/2033 of the European Parliament and of the Council of 27 November 2019 on the prudential requirements applicable to investment firms; Having regard to Directive (EU) 2019/2034 of the European Parliament and of the Council of 27 November 2019 on the prudential supervision of investment firms; Having regard to Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market; Having regard to Directive 2009/110/EC of the European Parliament and of the Council of 16 September 2009 on the taking up, pursuit and prudential supervision of the business of electronic money institutions; Having regard to the Monetary and Financial Code, in particular Articles L. 511-15-1, L. 522-11, L. 522-11-3, L. 526-14 et seq., L. 532-6, L. 553-1, R. 518-71-II; Having regard to the Order of 4 December 2017 relating to the approval, modification of status, withdrawal of approval, and deregistration of investment firms and similar institutions; Having regard to the Order of 4 December 2017 relating to the approval, modification of status, withdrawal of approval, and deregistration of financing companies, as well as the reporting obligations of certain financial institutions; Having regard to the Order of 2 May 2013 concerning the prudential regulation of electronic money institutions; Having regard to the Order of 29 October 2009 concerning the prudential regulation of payment institutions;

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Having regard to Instruction No. 2018-I-07 of 9 July 2018 regarding the withdrawal of approval, authorization, or registration of credit institutions, financing companies, third-party financing companies, investment firms, payment institutions, account information service providers, or electronic money institutions, as amended by Instructions No. 2019-I-20 and No. 2022-I-09; Having regard to the communication of the French Banking Organization and Standardization Committee (CFONB) concerning the new supplementary rule applicable to bank mergers-absorptions regarding the treatment of bank coordinates dated 28 September 2021; Having regard to the opinion of the Prudential Affairs Consultative Committee of 12 June 2024, DECIDES

Article 1: The following are hereinafter referred to as "subject institutions and bodies":

  • financing companies referred to in II of Article L. 511-1 of the Monetary and Financial Code;
  • third-party financing companies referred to in Article L. 511-6 of the same Code;
  • investment firms referred to in Article L. 531-4 of the same Code;
  • payment institutions referred to in Article L. 522-1-I of the same Code;
  • account information service providers referred to in Article L. 522-1-II of the same Code;
  • electronic money institutions referred to in Article L. 526-1 of the same Code;
  • token issuers referring to one or more assets referred to in Article L. 553-1 of the same Code.

Article 2: Subject institutions and bodies referred to in Article 1 that request the competent authority to withdraw their approval must submit a complete application dossier to the ACPR using the form set out in the annex to this instruction.

Article 3: The duly completed and signed form and supplementary documents must be sent to the ACPR in electronic format by depositing them on the Authorizations portal at the following address: https://acpr.banque-france.fr/autoriser/portail-autorisations

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Article 4: Instruction No. 2018-I-09, as amended by Instruction No. 2019-I-20 of 23 April 2019 and Instruction No. 2022-I-09 of 11 April 2022, is repealed and replaced by this instruction. References to the repealed Instruction No. 2018-I-09 contained in other instructions shall be understood as references to this instruction.

Article 5: This instruction shall enter into force the day following its publication in the ACPR's official register.

Paris, 21 June 2024 The Designated President, Denis BEAU